Canada Immigration and Visa Discussion Forum Homepage
Forum Home Forum Home > Canada Immigration Topics > Preserving Permanent Residence Status
  New Posts New Posts RSS Feed - Freaking out that I've lost my PR!!
  FAQ FAQ  Forum Search   Events   Register Register  Login Login

Freaking out that I've lost my PR!!
 Post Reply Post Reply
Author
Message
  Topic Search Topic Search  Topic Options Topic Options
Yourname View Drop Down
Junior Member
Junior Member


Joined: 04 Jun 2013
Status: Offline
Points: 27 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Yourname Quote  Post ReplyReply Direct Link To This Post Topic: Freaking out that I've lost my PR!!
    Posted: 04 Jun 2013 at 10:28pm
Hi guys,

When I was in Toronto, I received my PR. After that, I had to leave Canada because of oppurtunities in the Philippines so I planned to return within 6 months and was to only visit the Philippines twice a year. However, a lot of things transpired and I lost everything and so I stayed in the Philippines to bounce back. I had no money for ticket, or to renew visas, etc. I am now in the Philippines and I need to know if my PR has expired or not. I badly need some help as I am emailing my lawyers who helped me with the immigration and they're giving me pointers to rules instead of flat out telling me what's up. 


Here's my timelines:
  • October 14, 2008 is the landing date (when I got my card).
  • I left Canada in September 2009.
  • Returned to Canada for a week around September 29, 2010
  • Then have been in the Philippines ever since.

I am planning to head back to Toronto now that I feel I am alright a little financially and can afford a ticket back.
Please help!!
Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407 		Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 04 Jun 2013 at 11:55pm
Tough spot. You have not yet "lost" PR status, but the odds of facing questions upon coming to Canada now are probably fairly high and you may be issued a Removal Order which will lead to losing your PR status (you can appeal and avoid losing status is you win, but . . . well the odds are not good).

Reporting here about CBSA POE practices, relative to questioning returning PRs who have been outside Canada for extended periods of time, is sketchy, so we do not have much to go on in terms of forecasting how CBSA will deal with a PR still within the first five years of PR status, but who has been abroad more than 1095 days since landing (and thus is in breach of the PR residency obligation). A few years ago, the reporting indicated a lot of leniency. That is not the impression one gets these days. But, again, there is so little reporting here that it is difficult to get a reliable sense for how it goes at the border, at the POE, upon arrival.

Of course things that matter include factors such as just how much in breach of the residency obligation the PR is -- that is, how much time you have been abroad over and above 1095 days.

No one can offer you assurances. Absolutely no guarantees. You probably have to gamble, make the trip, attempt it, and see how it goes. If you do this, you will want to be prepared to make the case that you were stuck abroad, and why, and are returning to Canada at the first opportunity to do so.

Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
Back to Top
Yourname View Drop Down
Junior Member
Junior Member


Joined: 04 Jun 2013
Status: Offline
Points: 27 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Yourname Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jun 2013 at 12:52am
Thanks dpenabill.
Money was the biggest factor for me. If I can prove it that I had absolutely no money, in your experience, what will be my chances?

Also, secondary question, how will I be welcomed at the airport? Customs will detain me for questioning or something? Or let me go ahead to my friend's place and then get in touch with me later?
Back to Top
ExpatPR View Drop Down
New Member
New Member


Joined: 02 Jun 2013
Status: Offline
Points: 4 		Post Options Post Options   Thanks (0) Thanks(0)   Quote ExpatPR Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jun 2013 at 7:25pm
Im no expert, but one's financial 'inability' to return may not impress the CBSA.
Back to Top
canvis2006 View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 29 Nov 2009
Location: Toronto
Status: Offline
Points: 2574 		Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 06 Jun 2013 at 12:58pm
Originally posted by Yourname Yourname wrote:

Thanks dpenabill.
Money was the biggest factor for me. If I can prove it that I had absolutely no money, in your experience, what will be my chances?
Also, secondary question, how will I be welcomed at the airport? Customs will detain me for questioning or something? Or let me go ahead to my friend's place and then get in touch with me later?


Customs is only concerned with contraband, illegal stuff etc so if you are clear than no need to worry on that.

Your issue is with Immigration status and residency obligations. Take paperwork and tell immigration everything honestly and ask for their compassion. Even if they issue a removal order you will be allowed into the country and allowed to appeal....so there is a chance you may save your status

Suggestion: Fly ASAP back to Canada.
Back to Top
Yourname View Drop Down
Junior Member
Junior Member


Joined: 04 Jun 2013
Status: Offline
Points: 27 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Yourname Quote  Post ReplyReply Direct Link To This Post Posted: 09 Jun 2013 at 11:49pm
Thanks so much guys, I really hope the compassion will come through.
Back to Top
mabelclem View Drop Down
Junior Member
Junior Member


Joined: 21 Apr 2012
Status: Offline
Points: 13 		Post Options Post Options   Thanks (0) Thanks(0)   Quote mabelclem Quote  Post ReplyReply Direct Link To This Post Posted: 20 Jun 2013 at 12:33am
hi,
I had the same situation last year. Our PR cards are about to expire and
I pushed my luck. Against all odds, I took my chance and board the plane. It all depends on the discretion of the POE officer.
You have to be honest at all times.   They will know if you're telling the truth or not. Be consistent in your statements.

Goodluck!
Back to Top
mabelclem View Drop Down
Junior Member
Junior Member


Joined: 21 Apr 2012
Status: Offline
Points: 13 		Post Options Post Options   Thanks (0) Thanks(0)   Quote mabelclem Quote  Post ReplyReply Direct Link To This Post Posted: 20 Jun 2013 at 12:37am
if you need details on what went through when I was at the POE just let me know,
I'll email you in private. ( just give me your email add)
Back to Top
Yourname View Drop Down
Junior Member
Junior Member


Joined: 04 Jun 2013
Status: Offline
Points: 27 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Yourname Quote  Post ReplyReply Direct Link To This Post Posted: 20 Jun 2013 at 2:32am
Originally posted by mabelclem mabelclem wrote:

if you need details on what went through when I was at the POE just let me know,
I'll email you in private. ( just give me your email add)

That is very kind of you and yes, I would LOVE some input. However, was it only a PR card expiration issue, or was it a "not meeting the minimum requirement of 2 years out of every 5 years issue"?

I'll PM you my email address now.
Thanks!!
Back to Top
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down